Law Commons^™

Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly

University of Colorado Law Review Forum

No abstract provided.

Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York

University of Colorado Law Review Forum

No abstract provided.

Organizing A Business Law Department Within A Law School, William J. Carney

University of Colorado Law Review Forum

No abstract provided.

Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen

University of Colorado Law Review Forum

No abstract provided.

The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed

University of Colorado Law Review

While a great deal of public scrutiny has focused on how information circulates through online outlets including Twitter and Facebook, less attention has been devoted to how more traditional institutions traffic in factual assertions for the sake of setting a particular distributional agenda into motion.1 Of these more traditional institutions, courts play a central role in legitimating legal and factual claims in the process of applying and clarifying legal rules. In public health-related adjudication, courts play at least two important roles: first, judges and juries make decisions between competing sets of public health and medical claims and second, courts legitimate …

Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene

University of Colorado Law Review

No abstract provided.

Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Desautels-Stein

University of Colorado Law Review

No abstract provided.

A Pound Of Flesh: How Medical Copayments In Prison Cost Inmates Their Health And Set Them Up For Reoffense, Rachel Wiggins

University of Colorado Law Review

The attitude of acquiescence in legislatures and courts has permitted the American prison system to develop a practice of exploiting the health of its incarcerated population as an additional and excessive form of punishment. This article focuses on a practice widely used in prisons-the imposition of medical copayments- which contributes to the current culture of endangering the physical and mental health of incarcerated persons, all in the name of cost cutting and prisoner control. The problem of medical copayments could be solved by both the courts, which could recognize that the practice serves no legitimate penological interest, and the states …

Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer

University of Colorado Law Review

This Comment argues that courts should more readily permit extra-record discovery when preliminary signs of pretext strongly suggest "bad faith and improper behavior" by agency decision-makers. 3 1 Section L.A sets the scene by describing the basic mechanics of litigation challenging agency decisions. Section I.B shifts focus by examining two recent Supreme Court decisions that illustrate the Court's struggle to review executive action where an agency seems to have offered a pretextual justification. Part II then shows how agencies' reliance on pretextual justifications is becoming a growing and serious problem-especially within the Trump Administration-and describes a 2017 decision by the …

Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler

University of Colorado Law Review

Beyond the question of suffrage, the Nineteenth Amendment raised the issue of what it would take for women in America to achieve equal citizenship. The meaning of both the Nineteenth Amendment and equality for women remain especially contested in broader conflicts about abortion-and of how those conflicts have changed in fundamental ways in the decades since Roe v. Wade. For some time, fetal rights were pitted against the kinds of concerns about equality for women that drove reformers to seek the vote in 1920. But by the early 1990s, the terms of the conflicts had changed, with both sides claiming …

Working Mothers And The Postponement Of Women's Rights From The Nineteenth Amendment To The Equal Rights Amendment, Julie C. Suk

University of Colorado Law Review

The Nineteenth Amendment's ratification in 1920 spawned new initiatives to advance the status of women, including the proposal of another constitutional amendment that would guarantee women equality in all legal rights, beyond the right to vote. Both the Nineteenth Amendment and the Equal Rights Amendment (ERA) grew out of the long quest to enshrine women's equal status under the law as citizens, which began in the nineteenth century. Nearly a century later, the ERA remains unfinished business with an uncertain future. Suffragists advanced different visions and strategies for women's empowerment after they got the constitutional right to vote. They divided …

From Promise To Threat In Language And Law, Marianne Constable

University of Colorado Law Review

No abstract provided.

Migrant Justice Now, Leti Volpp

University of Colorado Law Review

No abstract provided.

The Common Law And Critical Theory, Charles L. Barzun

University of Colorado Law Review

No abstract provided.

Food Allergy Bullying As Disability Harassment: Holding Schools Accountable, D'Andra Millsap Shu

University of Colorado Law Review

Millions of American schoolchildren of all ages suffer from food allergies, and increasingly, bullies target these children because of their allergies. If a bully exposes a victim to an allergen, food allergy bullying can sicken or kill within minutes. Food allergy bullying is already responsible for many hospitalizations and at least one death. Most food allergy bullying happens at school, and schools play a crucial part in addressing and preventing bullying. All too often, though, schools fail to take appropriate action. Sovereign immunity and other obstacles insulate public schools from liability in many instances, but federal disability law may provide …

Whole Designs, Sarah Burstein

University of Colorado Law Review

In the past decade, there has been a renewed interest in the concept of patentable subject matter-that is, what kinds of things can you get a patent for? But this attention has, to date, been focused on utility patents, the patents that protect how things work. There has been scant attention paid to statutory subject matter and design patents, the patents that protect how things look. These patents have gained prominence in both practice and scholarship since the $1 billion verdict in Apple v. Samsung. The time has come to take the question of design patentable subject matter seriously. Today, …

When The Cat's Away: Techlash, Loot Boxes, And Regulating "Dark Patterns" In The Video Game Industry's Monetization Strategies, Scott Goodstein

University of Colorado Law Review

Part I of this Comment briefly overviews dark patterns and demonstrates how parties have needlessly focused on loot boxes' similarity to gambling rather than addressing dark patterns, the actual source of the video game industry's consumer exploitation. Part II summarizes the video game industry's techlash, showcasing ways that the industry has abused its consumers and how consumers have responded, as well as arguing why governmental intervention is necessary to stop the industry from exploiting end users. Part III first analyzes the Protecting Children from Abusive Games Act ("PCAGA"), a bill introduced in 2019 to regulate loot boxes, and explains why …

Let Cities Decide: End Colorado's Prohibition On Rent Regulation, Virginia Sargent

University of Colorado Law Review

This Comment argues that the Colorado General Assembly should overturn the broad prohibition on modern forms of rent regulation, returning to municipalities the home-rule authority to enact policies like rent stabilization and MIH as affordable housing solutions. Part I explains the emergence of rent regulation nationwide and common forms of rent regulation. Part II describes Colorado's housing crisis before analyzing the State's prohibition on "rent control" alongside the Colorado Supreme Court's broad interpretation of "rent control." Part III argues

that the legislature should overturn restrictions on municipal rent regulation because home-rule municipalities are better positioned than the legislature to (A) …

Environmental Citizen Suits And The Inequities Of Races To The Top, David E. Adelman, Jory Reilly-Diakun

University of Colorado Law Review

Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a restraint on so called "races to the bottom" in which states compete for economic development by relaxing environmental standards. To our knowledge, no one has considered whether the geographic distribution of citizen suits could have the opposite effect-namely, that it reinforces rather than mitigates disparities in the levels of …

Outsourced Emissions: Why Local Governments Should Track And Measure Consumption- Based Greenhouse Gases, Jonathan Rosenbloom

University of Colorado Law Review

While many local governments track greenhouse gas ("GHG") emissions, almost all of them exclude most GHGs associated with consumption. These consumption-based emissions stem from the lifecycle production, pre-purchase transportation, sale, and disposal of goods, food, and services produced outside of a local jurisdiction but consumed inside the jurisdiction. Based on the limited data measuring extraterritorial emissions, these consumption-based emissions amount to more than half-and in some places more than threefourths- of GHG emissions directly connected to local consumption patterns and behaviors. This Article argues that local governments should track and measure these pervasive GHGs. Doing so may unlock meaningful information …

Reloading The Canon: Thoughts On Critical Legal Pedagogy, Chantal Thomas

University of Colorado Law Review

On the first day of the first-year contracts class that I teach, I preview for the students both the general contours of the “blackletter law” that we will be learning throughout the course, and some of the perspectives that I will incorporate in developing our critical thinking and analysis of the law. My aim is to impress upon the students that their understanding of the blackletter law––the technical training that many law students think of as constituting the bulk of their educational mission––varies positively with their understanding of and capacity for critical analysis. I go about this in part by …

The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich

University of Colorado Law Review

No abstract provided.

From The Crisis Of Critique To The Critique Of Crisis, Ben Golder

University of Colorado Law Review

No abstract provided.

Past Prescient, Christopher Tomlins

University of Colorado Law Review

No abstract provided.

Conversations After Class: 'Becoming Critical,' Or The Steps Necessary To Achieve Critical Thought For Law Students, Daniel J. Sequeira

University of Colorado Law Review

No abstract provided.

Introduction To The Special Issue: A Retrospective On Race In America, Angela S. Boettcher, Quintin H. Morse, Nora Rainey Olson Cooke, Erin Mclaughlin, Caroline Young, Charissa Wood, Sasha Strong, Natasha Viteri, Taylor Schad

University of Colorado Law Review

No abstract provided.

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman, Susan K. Serrano

University of Colorado Law Review

No abstract provided.

Affirmative Action And The Criminal Law, Paul Butler

University of Colorado Law Review

No abstract provided.

International Water Law And Fresh Water Dispute Resolution: A Cosean Perspective, Tamar Meshell, Moin A. Yahya

University of Colorado Law Review

International Water Law has developed a set of rules for resolving interstate fresh water disputes that govern both the substance of these disputes and the conduct of the disputing states. "Equitable and reasonable utilization" is commonly considered as the leading substantive rule, "no significant harm" as subsidiary to it, and the "duty to cooperate" as the central procedural rule. The purpose of this Article is to analyze the merits of these substantive and procedural rules under the lens of the celebrated Coase theorem. The "normative" part of the Coase theorem observes that if transaction costs are high, then the legal …

Communities Of Interest In Colorado Redistricting, David Willner

University of Colorado Law Review

Part I of this Article will provide background on redistricting in Colorado, including an overview of recent developments regarding the establishment of an independent commission. Part II will describe the two federal constitutional requirements for redistricting and then explore the state-specific redistricting criteria used in Colorado. Part III includes a geographic profile of the distinct regions of Colorado and then delves into an examination of how communities of interest have been increasingly used in Colorado redistricting during three of the past four redistricting cycles. Part IV of this Article will critique the use of communities of interest and focus on …